Why Try the Unwinnable?

 Posted on December 21, 2007 in Uncategorized

I closed yesterday's post on justice and winning by asking, "Sometimes (rarely, but sometimes) we try cases because we have nothing to lose: the inevitable result of a trial is no worse than the result of a plea. If we have no hope of winning, why do we try those cases?"

We're not trying these cases for justice, and we're not trying them to win (though arguably there's always a chance that the prosecutor will screw something up and we'll win, which is something to hope for). Sometimes the goal is just to make it costly and difficult for the government to put the client in a box.

When we try an unwinnable case, not only do we make it harder for the government to box that client, but we also tie up the government's resources, making it harder for the government to put other humans in boxes.

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